SHANKAR Vs. STATE

JUDGEMENT

(1.) Instant one is a jail appeal arising out of a shocking incident, where poor person with aboriginal background has killed two of his kin under a superstitious belief that one among them was a witch causing all odds and ills for his family. Learned trial court by its judgment dated 22.7.2003 held the accused guilty for an offence punishable under Section 302 IPC and sentenced for life imprisonment with a fine of Rs.1000. Further to undergo 6 months simple imprisonment in default of payment of fine.

(2.) As per the prosecution on 31.5.2002 one Rajeng orally reported that he was living in joint family with his mother Lakhma and elder brother Shankar. At about 7 a.m. on 31.5.2002, he went to village Noliya and his elder brother Shankar with his wife Leela were on tour to village Bargi from previous day to purchase clothes, leaving behind their mother and two children Ramji and Mukesh. At about 9 a.m. when Rajeng returned to home his nephew Ramji came AND WHILE weeping stated that Baba Shankar S/o Raoji has killed Lakhma and younger brother Mukesh with an axe and their bodies were lying down the mango tree. On reaching at the spot Rajeng found the bodies their and then Mana, Sohan and Lawa all sons of Raoji too reached at the spot. Sohan then proceeded to police station to call the police. As per Parcha Bayan Ex.P/8 Lakhma was of 70 years and Shankar S/o Raoji was having a superstition that she was a witch causing death of his Ox a year back and also causing ailment in his family. Receiving this information a case was registered for offence under Section 302 IPC and after usual investigation the accused was charge-sheeted, committed to the court of Sessions and was tried. He pleaded not guilty.

(3.) To prove its case, the prosecution, in all, examined 18 witnesses of whom Ramji (PW-2), a boy of six years, is the only eye-witness. The other relevant witnesses PW-16 Sohan and PW-18 Mana are real brothers of accused Shankar. PW-5 Leela is mother of witness Ramji. PW-10 is informant Rajeng @ Rajendra and PW-17 Shankar is father of PW-2 Ramji and elder brother of informant Rajeng (PW-10). All the witnesses referred above corroborated the prosecution story. Dr. Mahendra Singh (PW-8) had done autopsy of the dead body of Lakhma and Mukesh on 31.5.2002 and proved his postmortem report, according to which following ante-mortem injuries were received by deceased Lakhma: